Section 20651.7 - Selection of lowest responsible bidder on basis of best value(a) For the purposes of bid evaluation and selection pursuant to subdivision (a) of Section 20651, when a community college district determines that it can expect long-term savings through the use of life-cycle cost methodology, the use of more sustainable goods and materials, and reduced administrative costs, the community college district may provide for the selection of the lowest responsible bidder on the basis of best value pursuant to policies and procedures adopted by the governing board in accordance with this section.(b) For purposes of this section, "best value" means the most advantageous balance of price, quality, service, performance, and other elements, as defined by the governing board, achieved through methods in accordance with this section and determined by objective performance criteria that may include price, features, long-term functionality, life-cycle costs, overall sustainability, and required services.(c) A community college district shall consider all of the following when adopting best value policies pursuant to subdivision (a):(1) Price and service level proposals that reduce the district's overall operating costs, including end-of-life expenditures and impact.(2) Equipment, services, supplies, and materials standards that support the community college district's strategic acquisition and management program direction.(3) A procedure for protest and resolution.(d) A community college district may consider any of the following factors if adopting policies and procedures pursuant to subdivision (c): (1) The total cost to the community college district of its purchase, use, and consumption of equipment, supplies, and materials.(2) The operational cost or benefit incurred by the community college district as a result of a contract award.(3) The added value to the community college district, as defined in the request for proposal, of vendor-added services.(4) The quality and effectiveness of equipment, supplies, materials, and services.(5) The reliability of delivery and installation schedules.(6) The terms and conditions of product warranties and vendor guarantees.(7) The financial stability of the vendor.(8) The vendor's quality assurance program.(9) The vendor's experience with the provisions of equipment, supplies, materials, and services within the institutional marketplace.(10) The consistency of the vendor's proposed equipment, supplies, materials, and services with the district's overall supplies and materials procurement program.(11) The economic benefits to the local community, including, but not limited to, job creation and retention.(12) The environmental benefits to the local community.(e) A community college district awarding a contract under this section shall award a contract to the lowest responsible bidder whose proposal is determined, in writing by the community college district, to be the best value to the community college district based solely on the criteria set forth in the request for proposal.(f) The governing board of a community college district shall issue a written notice of intent to award supporting its contract award and stating in detail the basis of the award. The notice of the intent to award and the contract file must be sufficient to satisfy an external audit.(g) The governing board of a community college district shall publicly announce its award, identifying the bidder to which the award is made, the price proposal of the contractor awarded the contract, and the overall combined rating on the request for proposal evaluation factors. The announcement shall also include the ranking of the contractor awarded the contract in relation to all other responsive bidders and their respective price proposals and summary of the rationale for the contract award.(h) The community college district shall ensure that all businesses have a fair and equitable opportunity to compete for, and participate in, district contracts and shall also ensure that discrimination, as described in subdivision (e) of Section 12751.3 of the Public Utilities Code, in the award and performance of contracts does not occur.Ca. Pub. Cont. Code § 20651.7
Amended by Stats 2016 ch 319 (AB 1624),s 6, eff. 9/13/2016.Amended by Stats 2013 ch 76 (AB 383),s 169, eff. 1/1/2014.Added by Stats 2012 ch 708 (SB 1280),s 2, eff. 1/1/2013.Amended by Stats 2018 ch 725 (AB 3186),s 2, eff. 1/1/2019.